Terri-Jane Yuzda













Cancelled Permits Investigated

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BY DAVE TODD, P.ENG.
Director, Compliance
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Reasons for Cancellation Usually Legitimate - But Sometimes We Take a Closer Look

 


Editor's Note: This column is one in a series prepared by the APEGGA Compliance Department.

The Compliance Department, with the assistance of the APEGGA Enforcement Review Committee, continues working towards Council's goal of 100-per-cent compliance with the licensing requirements of the EGGP Act. Total compliance would mean:

  • all individuals practicing engineering, geology or geophysics in Alberta are licensed and using proper titles

  • all corporations, partnerships or other entities practicing one or all of the professions in Alberta use proper titles and hold a permit to practice.

We're undertaking various programs to achieve Council's objective. One program is the investigation of cancelled permits to practice. Increased resources have made it possible for us to be more proactive on this front.

New permits are regularly being approved, while some existing permits are being cancelled. These cancellations by the Registration Department occur for various reasons, including non-payment of annual fees, failure to submit an annual report, and in response to a voluntary request by the permit holder. A responsible member leaving a company can trigger a cancellation. Sometimes one permit-holding company merges with another, so one of them no longer practices.

Usually these reasons are legitimate. Sometimes, however, it is not totally clear if the activities of the permit holder have changed. In those cases, the Registration Department forwards the file to the Compliance Department. A compliance consultant then investigates.

Often, the investigation reveals that the activities of the company have not changed, and the permit requires reinstatement. The Compliance Department will serve notice, and usually the deficiencies are rectified and the permit is reinstated. If a resolution cannot be achieved, even after consultation, it may be necessary to serve notice that legal action will be pursued under the EGGP Act. This takes the form of a criminal prosecution under Section 81, or a civil injunction under Section 9.

The department is currently pursuing serious legal action in three cases.

 

Department Statistics  
Investigations Conducted (first nine months of 2002) 545
Cases Resolved 466
   
Resolution Reasons  
Individuals Applied for Personal Registration 96
rmits to Practice Issued or Reinstated 69
Individuals Ceased Using Non-conforming Titles 28
Companies Ceased Using Non-conforming Titles 8
   
After concluding investigations, the remaining cases were resolved for a variety of reasons. Among these: companies or individuals were determined not to be engaging in the practice; companies merged with another permit holding company or otherwise ceased to operate; companies relocated their Yellow Pages listing from a restricted heading to an unrestricted, more appropriate one; individuals confirmed that they are already registered with APEGGA, not living or practicing in Alberta, or both.  

 

Frequently Asked Question

Q. Who requires a permit to practice?

A. The EGGP Act requires that all partnerships, corporations and other such entities engaged in the practice of engineering, geology or geophysics in the province of Alberta have a permit to practice. A common misconception is that the permit is not a requirement for individual corporations and is only required for consultants. Not so. The act does not differentiate between companies by size or by whether they're practicing for internal or external purposes.

 

 

 


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